News
Law on Deadlines and Procedures in Court Proceedings During the State of Accident in the FBiH
Tax news, May 2020
Both houses of the Parliamentary of Federation of BiH have in an emergency procedure adopted the Law on Deadlines and Procedures in Court Proceedings During the State of Accident in the FBiH (the “Law”), whose publication in the “Official Gazette of FBiH” is expected. The Law enters into force on the day following the day of publication in the “Official Gazette of FBiH”.
In further text, we provide an overview of certain provisions of the Law, potentially important for business entities.
Litigation, non-contentious and enforcement proceedings
During the state of accident, the following deadlines are suspended: filing a lawsuit, motions for initiating non-contentious procedures or enforcement procedures and other time-bound motions.*
*Exceptionally, deadlines in emergency procedures regulated within the Law are not suspended.
Criminal and misdemeanor proceedings
During the state of accident, the following deadlines in criminal and misdemeanor proceedings are suspended: filing an appeal against decisions that terminate the proceeding; extraordinary legal remedies and other procedural actions.*
*Exceptionally, deadlines in emergency procedures regulated within the Law are not suspended. In misdemeanor matter, deadlines regulated within Articles 57, 58, 59, 60 and 61 of Law on Misdemeanors are not suspended.
Administrative disputes
During the state of accident, deadlines in administrative disputes that relate to undertaking procedural actions and fulfilling material liabilities are suspended.*
In administrative disputes, oral hearings will not be held, except in emergency proceedings regulated within the Law.
*Exceptionally, deadlines in emergency procedures regulated within the Law are not suspended.
Legal remedies
During the state of accident, the following deadlines are suspended: filing ordinary and extraordinary legal remedies, application for restitution or other procedural actions in litigation, non-contentious, enforcement proceedings and administrative disputes regulated within the Law.
Limitation period
Limitation periods, regulated within civil-law regulations, are suspended during the state of accident.
Validity of the Law
The Law applies until the termination of state of accident in the Federation of BiH.
Note: text of the News has been prepared based on the latest available version of the text of proposed Law and adopted amendments.